What both legislatures should have done — precisely on separation of powers grounds — was to tell their respective courts to shove it where the sun don't shine.There are a couple of alternatives that would at least serve to bring attention to the present Judicial tyranny.
- Pass a state constitutional amendment that effectively nullifies the ruling.
- Pass a constitutional amendment (if needed) that destablishes the offending court
They couldn't very well declare the law to be unconstitutional, as the legislature could eaasily say "Since you don't exist, your finding has no meaning and will be disregarded." One would think after the fiasco of Prohibition in the time it existed that the courts would know better than to attempt to "legislate" what will not be accepted.
Before anyone flames, be aware that i am neither a politician nor a lawyer.